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Gisborne District Council (Alfred Cox Park) Validation Bill (Consistent) [2005] NZBORARp 23 (29 June 2005)

Last Updated: 6 April 2021

Gisborne District Council (Alfred Cox Park) Validation Bill

29 June 2005

Attorney-General

LEGAL ADVICE
CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:
GISBORNE DISTRICT COUNCIL (ALFRED COX PARK) VALIDATION BILL

  1. We have considered whether the Gisborne District Council (Alfred Cox Park) Validation Bill (the "Bill") is consistent with the New Zealand Bill of Rights Act 1990 (the "Bill of Rights Act"). The Bill is a Local Bill in the name of Janet Mackey MP, and was introduced on Tuesday, 21 June 2005. We understand that it may receive its First Reading on the next Members’ Day which is scheduled for Wednesday, 27 July 2005.
  2. The Bill seeks to validate the use of the Alfred Cox Park as a site for a flea market and visitor information centre as being and as always having been lawful. These uses would otherwise be contrary to section 17 of the Reserves Act 1977 and the terms of the Deed of Trust under which the park was originally gifted to the Borough of Gisborne in 1944.
  3. We have concluded that the Bill is consistent with the Bill of Rights Act.
Jeff Orr
Chief Legal Counsel
Office of Legal Counsel
Kristina Temel
Senior Adviser
Bill of Rights/Human Rights Team
CC Minister of Justice
Minister of Conservation
Janet Mackey MP

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Gisborne District Council (Alfred Cox Park) Validation Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.



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